A Guidance to California Governments Regarding Emergency Cell Site and Fiber Optic Cable Replacement Permit Requests

Dr. Jonathan L. Kramer, Esq.
Ms. Lory Kendirjian

The Southern California wildfires in January, 2025 have (as of this writing on January 17, 2025) destroyed or damaged many hundreds of cell sites, primarily in the public rights of way, as well as  “distributed antenna system” (DAS) wireless sies. 

When the final numbers come in, it is expected that the number of cell sites damaged or destroyed will exceed 1,000. 

That number does not, however, tell the whole story…

No cell site is an island.  To function, a cell site must be connected back to a mobile telephone switching office (“MTSO” or “MSO”), similar to a traditional telephone company central office (“CO”).  Modernly, that interconnection most commonly relies on fiber optic cables.  Just one of the major wireless carriers we queried disclosed that they lost over 8,000 miles (yes, miles) of fiber optic cables due to fire damage to overhead lines, as well as damage to underground fiber cables in conduits.

Restoring all of the damaged wireless facilities—thus the wireless services including voice, texting, and data—is likely to take many months to years, as well as face potential jurisdiction hurdles.  Jurisdictions should anticipate that their public works agencies and planning department will soon receive a surge of emergency permit requests for the replacement of fire-damaged wireless infrastructure.  These emergency permit requests will undoubtedly include “small cells” (usually in the public rights-of-way), distributed antenna systems, and macrocell sites (usually on private and public property outside of the rights-of-way).

This guidance outlines some immediate actions and requirements that local government should consider expediting permit review and approval of the expected emergency wireless site replacement requests.

1. Emergency Temporary Cell Sites (COWs and COLTs)

Given the widespread destruction of existing wireless sites due to the wildfires, there is an immediate and urgent need for temporary cell sites to restore a basic level of voice and data services. These temporary cell sites will include “Cells on Wheels” (often called COWs) as well as Cells on Light Trucks (COLTs). Below are photos of both COWs and COLTs.

COWs and COLTs will allow for the swift deployment of these temporary cell sites crucial to support public safety, business continuity, and community connectivity during the early stages of the recovery process.

Bringing in COWs and COLTs to the fire areas is a key first step to restore essential wireless services. They bridge the gap while permanent replacements for damaged infrastructure are being permitted and built.

Public Works Directors (and, in some cases, Planning Directors) should be prepared to issue emergency over-the-counter permits either in advance or in arrears for the placement and operation of COWs and COLTs. They should expect the need to last from 90 days to a year (or even longer), depending on the time required to restore the damaged cellular and fiber infrastructures.

Given the scale of the disruption and destruction caused by the Southern California wildfires, it is essential that municipalities remain flexible and responsive to the needs of wireless providers, thus the public.

A proactive approach anticipating the need for emergency and temporary wireless sites will help to ensure that temporary wireless services can be quickly deployed without delay, while also accommodating the extended timeline needed for the full restoration of replacement permanent cellular and fiber infrastructure.   In some cases, local permit staffs may view this work as “repair and maintenance” under existing permits, although in reality the repair portion will inadequately describe the actual work since most of the replacement cell sites will be on new poles.

All emergency site permit requests should clearly specify that the proposed work and equipment specifically involves the replacement of prior existing wireless infrastructure only, and does not include any material upgrades or expansions to the impacted sites. It is crucial that local government permits are granted solely for the purpose of restoring sites to their previous functionality.

By issuing emergency permits for a reasonable duration to restore the services that existed prior to the wildfires, local governments will be key partners to support ongoing wireless network recovery efforts, and to ensure continuous service during this critical period.

2. Specific Information to Include in Emergency Permit Requests The emergency request should, at a minimum, contain the following:

• An identification (by site number, address, pole number, and prior permit number) of the site that has been damaged or destroyed;
• Whether the application is for work already completed; work that is to be completed at a future date; or some mix of the two;
• A clear description of temporary wireless site and facilities to replace the damaged or destroyed site (this may be a simple as an identification of a COW or COLT, as well as the location where it will be placed);
• Description of the means of powering the temporary site, if permanent commercial power has not yet been restored (i.e., standby power generator; solar/battery backup; connection to a working electrical power grid; etc.);
• Estimate of the minimum length of time the temporary site will be deployed;
• The site identification number for the temporary site; if a COW or COLT, the state-issued license plate; and the 24/7 telephone number for the entity responsible for the control of the temporary site (this is usually the “Network Operations Center” [or “NOC”]).
• A legally sufficient statement that the temporary site will in all respects comply with the appliable FCC RF emissions safety guidelines for members of the general population; and
• As some Small Cells, and most Macrocell Cell sites contain potentially hazardous materials in varying degrees, so consider requiring a hazmat remediation and disposal discussion in your emergency application process;
• A legally sufficient indemnification agreement to protect the local jurisdiction from third-party claims resulting from the approval and placement of the temporary wireless replacement facilities.

Of course, when considering a permit for an emergency wireless site, the aesthetics of the site should not be a primary consideration.

Given the public safety urgency, the primary focus should be on the need to quickly restore essential wireless services. Temporary infrastructure, such COWs, and COLTs, should be granted temporary permits focused on the restoration of communications connectivity, thus public safety. While permanent solutions may require adherence to aesthetic standards, emergency wireless sites should be permitted based on their ability to rapidly restore a level of wireless service to support community recovery efforts without delays related to design or visual impacts.  

The above said, and referring to Figure 2, above, you should require that any temporary cell sites (without regard to whether they are COWs, COLTs, or any other configure) not physically or functionally interfere with immediate rescue and longer term general restoration efforts.

The information discussed and recommended above will ensure that the requested work is in line with the original site’s specifications and does not introduce unnecessary changes or upgrades or worsen or create new hazards.  

3. What About Application and Inspection Fees For Emergency Wireless Sites?

Jurisdictions should still charge their usual and customary application and inspection fees for emergency temporary wireless site applications, and those fees should be collected. Those fees help cover the local government’s costs for processing, inspection, and monitoring of the emergency wireless site installations.

Given the urgency of quickly restoring wireless services after (and even during) an emergency, the actual collection of those inspection fees may well be deferred and processed in arrears rather than being required to accompany a temporary wireless site permit application.

This flexible approach ensures that the restoration of critical infrastructure proceeds without delay, while still allowing for the necessary financial cost recovery by the government once the need for an immediate response has been addressed.

4. Expedited Permanent Replacement Wireless Permit Process

Municipalities should be prepared to implement a streamlined application and review process to ensure the rapid review and approval of permit applications for the permanent replacement of destroyed and damaged cell sites.

The goal must be to provide quick relief for the replacement of damaged wireless infrastructure while ensuring the integrity of local government planning and regulatory processes.

While the primary goal is to restore permanent replacement wireless services, the safety of the public and compliance with regulatory standards must remain a priority. The replacement wireless sites should be carefully evaluated to ensure that they meet the required FCC RF emission guidelines. This will ensure that the new installations maintain the balance between effective wireless service and public safety for exposure to radio frequency emissions.

Compliance verification with the federal safety standards should be an integral part of the permitting process for both temporary and permanent wireless sites.

5. Assembly Bill 965 – the “Broadband Permit Efficiency and Local Government Staff Solution Best Practices Act of 2023”  

A potential consequence of the Southern California Fires of 2026 may be found in Assembly Bill 965, known by title as the “Broadband Permit Efficiency and Local Government Staff Solution Best Practices Act of 2023.”  That law, found at California Government Code Section 65964.3, became effective on January 1, 2024.  AB965 provides for batch processing by local governments of wireless and related infrastructure (read, for this purpose, fiber cable).

Briefly, the law permits broadband providers, including wireless firms, to submit multiple sites for simultaneous permitting reviews and approvals.  It is likely that wireless carriers, fiber network operators, and others will available themselves of the benefits of this relatively new law. 

6. Monitoring and Compliance. While the permit issuance process should and must be expedited to improve public safety, municipalities must maintain rigorous oversight to ensure that all emergency and temporary wireless permits adhere to the purposes and goals of the guidelines discussed above.

Ensuring that only replacements of damaged infrastructure are approved will help maintain compliance with zoning, safety, and other regulatory requirements.

The authors encourage municipalities outside of the fire areas to begin reviewing and updating their internal processes now to be ready to address emergency requests in an efficient and effective manner after a disaster, be it a fire; an earthquake; or any other form of widespread damage.

About the authors: Dr. Jonathan Kramer, Esq. heads Telecom Law Firm, P.C. A lawyer and telecommunications engineer, he advises local governments on telecom law, policy, and technology matters.  Ms. Lory Kendirjian heads TLF’s telecom permit review team.  On behalf of local governments in California and beyond, TLF has been involved in processing over 7,000 wireless site projects, as well as creating and updating municipal wireless codes and telecom site applications.